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Article 1 - Definitions
In these terms and conditions shall apply:
Additional agreement: an agreement whereby the consumer acquires products, digital content or services in connection with a distance contract and these items are delivered by the entrepreneur or by a third party subject to agreement between that third party and the entrepreneur.
Reflection period: the period within which the consumer can exercise his right of withdrawal.
Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
Day: calendar day
Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose what the information is for and which allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period
Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers remotely;
Distance agreement: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, in which exclusive or joint use is made of up to and including the conclusion of the agreement one or more techniques for remote communication
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader having to come together in the same room at the same time.
Article 2 - Identity of the entrepreneur
Business address:
Juwelia
Radon road 30
3812 RL Amersfoort
The Netherlands
KVK number 80696724
IBAN: NL69 INGB 0006 8794 73
VAT number: NL861765515B01
Email: customerservice@juwelia.nl
Article 3 - Applicability
3.1 These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
3.2 Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
3.3 If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be stored in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
3.4 In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions. is.
Article 4 - The offer
4.1 If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
4.2 The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4.3 Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 – The Agreement
5.1 Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
5.2. If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
5.3 If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
5.4 Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5.5 The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the e-mail address of the entrepreneur where the consumer can go with complaints;
The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
The information about guarantees and existing post-purchase service;
the price including all taxes on the product, service or digital content; where applicable, the cost of delivery; and the manner of payment, delivery or execution of the remote agreement;
The terms for termination of the agreement if the agreement lasts for more than one year or indefinite duration is;
Article 6 - Right of withdrawal
6.1 The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s). If the consumer exercises his/her right of withdrawal, the product will be returned to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging.
If the product is damaged or the packaging is damaged more than is necessary to sell the product, we can pass on this reduction in value of the product to the consumer. The consumer must therefore handle the product with care and ensure that it is properly packaged when returned.
6.2 The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in the same order: the day the consumer, or a third party designated by him, has received the last product. The entrepreneur may, if he has informed the consumer clearly in advance of the ordering process, refuse an order of multiple products with a different delivery time.
if the delivery of a product consists of different consignments or parts: the date on which the consumer, or a third party designated by him, received the last consignment or the last item;
in contracts for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by him, has received the first product.
Article 7 – Obligations of the consumer during the cooling-off period
7.1 During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
7.2 The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph
Article 8 – Exercise of the right of withdrawal by the consumer and the costs thereof
8.1 If the consumer exercises his right of withdrawal, he must notify the entrepreneur within the cooling-off period by sending an e-mail to Juwelia in which he at least states:
the reason for exercising his right of withdrawal
the order number of the order to which the revocation applies
the products and/or services for which he wants to use his right of withdrawal
8.2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
8.3 The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
8.4 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
8.5. The consumer bears the direct costs of returning the product. not to be worn for return.
8.6 If the consumer revokes after having first expressly requested that the performance of the service that is not made ready for sale in a limited volume or certain quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
8.7. If the consumer exercises his right of withdrawal, any ancillary contracts shall be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in case of right of withdrawal
9.1 If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receipt of this notification.
9.2 The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
9.3 The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
9.4 If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of right of withdrawal
10.1 The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement:
Products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period;
Article 11 – The Prize
11.1 During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
11.2 Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
11.3 Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
11.4 Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
they are the result of legislation or regulations; whether
The consumer has the power to cancel the agreement as of the date of the price increase.
11.5 The prices stated in the offer of products or services include VAT.
Article 12 - Compliance agreement and additional warranty
12.1 The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement. and / or government regulations.
12.2 The entrepreneur does not guarantee that the product is suitable for other than normal use.
12.3 An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to comply with his part of the agreement. .
12.4 An extra guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the contract. agreement.
Article 13 - Delivery and execution
13.1 The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
13.2 The place of delivery is the address that the consumer has made known to the entrepreneur.
13.3 Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation
13.4 After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
13.5 The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and announced to the entrepreneur, unless expressly agreed otherwise.
Article 14 - Payment
14.1 Insofar as not provided otherwise in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. . In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
14.2 When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
14.3 The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
14.4 If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, the statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2.500; 10% on the next € 2.500 and 5% on the next € 5.000 with a minimum of € 40, =. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer covered by these terms and conditions apply exclusively to Dutch law. Even if the consumer is living abroad.
The Vienna Sale Convention does not apply.
Article 16 - Retention of title
16.1 Ownership of the delivered products will only transfer to the consumer after he has paid the total amount due to the entrepreneur. The risk of the products passes to the consumer at the time of delivery.
Article 17 – Additional provisions
17.1 Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
17.2 The entrepreneur is entitled to change these general terms and conditions. Changes to these conditions will only take effect after they have been published, with the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.